S.B. No. 2385
AN ACT
relating to information regarding the relative or designated
caregivers for a child in the managing conservatorship of the
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.114, Family Code, is amended by
adding Subsections (a-1) and (a-2) to read as follows:
(a-1) At the full adversary hearing under Section 262.201,
the department shall, after redacting any social security numbers,
file with the court:
(1) a copy of each proposed child placement resources
form completed by the parent or other person having legal custody of
the child;
(2) a copy of any completed home study performed under
Subsection (a); and
(3) the name of the relative or other designated
caregiver, if any, with whom the child has been placed.
(a-2) If the child has not been placed with a relative or
other designated caregiver by the time of the full adversary
hearing under Section 262.201, the department shall file with the
court a statement that explains:
(1) the reasons why the department has not placed the
child with a relative or other designated caregiver listed on the
proposed child placement resources form; and
(2) the actions the department is taking, if any, to
place the child with a relative or other designated caregiver.
SECTION 2. Subsection (c), Section 262.201, Family Code, is
amended to read as follows:
(c) If the court finds sufficient evidence to satisfy a
person of ordinary prudence and caution that there is a continuing
danger to the physical health or safety of the child and for the
child to remain in the home is contrary to the welfare of the child,
the court shall issue an appropriate temporary order under Chapter
105. The court shall require each parent, alleged father, or
relative of the child before the court to complete [submit] the
proposed child placement resources form provided under Section
261.307 and file the form with the court, if the form has not been
previously filed with the court [provided], and provide the
Department of Family and Protective Services with information
necessary to locate any other absent parent, alleged father, or
relative of the child. The court shall inform each parent, alleged
father, or relative of the child before the court that the person's
failure to submit the proposed child placement resources form will
not delay any court proceedings relating to the child. The court
shall inform each parent in open court that parental and custodial
rights and duties may be subject to restriction or to termination
unless the parent or parents are willing and able to provide the
child with a safe environment. If the court finds that the child
requires protection from family violence by a member of the child's
family or household, the court shall render a protective order
under Title 4 for the child. In this subsection, "family violence"
has the meaning assigned by Section 71.004.
SECTION 3. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.003 to read as follows:
Sec. 263.003. INFORMATION RELATING TO PLACEMENT OF CHILD.
(a) Except as provided by Subsection (b), not later than the 10th
day before the date set for a hearing under this chapter, the
department shall file with the court any document described by
Sections 262.114(a-1) and (a-2) that has not been filed with the
court.
(b) The department is not required to file the documents
required by Subsection (a) if the child is in an adoptive placement
or another placement that is intended to be permanent.
SECTION 4. Subsections (a-1) and (a-2), Section 262.114,
and Section 263.003, Family Code, as added by this Act, apply only
to a suit affecting the parent-child relationship filed by the
Department of Family and Protective Services on or after the
effective date of this Act. A suit filed before the effective date
of this Act is governed by the law in effect on the date the suit was
filed, and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2385 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2385 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor